73 6.2.4 – Disciplinary detention rooms with the prisoner's general right of personality. They must not be carried out routinely or in the absence of 74 case-specific suspicions. To satisfy this requirement, general strip-search orders must allow for exceptions if the principle of proportionality so demands. Staff must be made aware that in individual cases it may not be necessary for the prisoner to undress fully. It is also recommended that the search be conducted in a respectful procedure, for example involving two stages where half the body remains dressed in each stage. The disciplinary detention room at Traunstein Prison is located in the basement and does not have any windows. Only the anteroom – which is separated by bars – has a small overhead light at a height of over two metres, covered by a perforated sheet. The room is extremely dark, and the view outside is severely limited by the position of the window. Furthermore, prisoners held in disciplinary detention are given no reading material other than the bible or the Qur'an. Holding prisoners in disciplinary detention under these conditions is considered to be inhumane. 6.2.8 – Inadequate hygiene 6.2.5 – Daylight and fresh air In Karlsruhe Prison, a cockroach infestation was found in the area of the specially secured cells. The National Agency also noted a strong smell of urine in the special secured cells. Hygiene conditions in the specially secured cell at Tegel Prison were considered inhumane. These conditions are unacceptable and must be rectified immediately. The cells in the men’s units of Traunstein Prison have only very small windows, which are over two metres high and covered by perforated sheets. This greatly limits the amount of daylight in the cells and makes any view outside practically impossible. The size of the windows must be significantly increased. 6.2.9 – Special security unit 6.2.6 – Visibility of toilets Prisoners in special security unit B1 of Tegel Prison are unable to work, cannot take part in any sport or recreational activities, are not permitted to use TVs and are allocated just one hour each day to exercise in the prison yard. No mental health care was provided at the time of the visit. However, a psychologist had been employed and tasked with providing counselling in the special security unit and in other units in the facility. Prisoners also have the opportunity to speak to a psychiatrist every fortnight. In Tegel Prison, there were 20 instances of solitary confinement in 2016, some of which lasted several months. Protective measures such as solitary 75 confinement can place a huge strain on prisoners. To mitigate the negative consequences of solitary confinement on mental and physical health, detainees should be provided with sufficient opportunities for human contact (e.g. extended visiting times) and to engage in meaningful activities. Those placed in In Tegel Prison, CCTV monitoring in the specially secured cells also covers the toilet area, resulting in insufficient protection of prisoners’ privacy. The specially secured cells in Karlsruhe Prison are fitted with peepholes through which the toilet is visible. Staff members should indicate their presence in an appropriate manner before entering a cell, especially if the toilet is not partitioned off. The person in the cell must be given the opportunity to indicate that they are using the toilet. A CCTV camera must be fitted in such a way that the toilet area is either not visible on the monitor at all or, alternatively, is shown in the form of pixelated images. If deemed necessary in individual cases, it may be possible to permit unrestricted monitoring of detainees held in specially secured cells due to an acute danger of self-harm or suicide. However, any such decision should be carefully considered, substantiated and documented. If a toilet area is indeed covered by CCTV monitoring and is not pixelated, only persons of the same sex as the detainee may carry out the monitoring. 73 Federal Constitutional Court, decision of 05/03/2015, 2 BvR 746/13, juris margin no. 33 – 35. 74 Federal Constitutional Court, decision of 10/07/2013, 2 BvR 2815/11, margin no. 16, with reference to ECHR, Van der Ven v. the Netherlands, 50901/99, 04/02/2003, margin no. 62. 75 According to the CPT, solitary confinement may constitute inhuman and degrading treatment under certain circumstances. It is the CPT’s view that the period of solitary confinement should always be kept as short as possible. Cf. CPT Standards, CPT/Inf/E (2002) 1 - Rev. 2010, p. 20, margin no. 56. 6.2.7 – Strip-searches All prisoners of Burg Prison and Karlsruhe Prison were strip-searched before entering the prison. According to the Federal Constitutional Court, strip-searches involving a visual inspection of the prisoner's genital area represent a severe interference 53

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents